How to maintain possession
Pawan Kumar
(Querist) 03 February 2017
This query is : Resolved
Dear Experts,
I purchased a plot th. agreement and construct the house on it without got the sale deed registered due to mutual belief. Later seller denied to execute the sale deed, then I filed a suit for specific performance in court, but during the proceedings he sold the house to third person and executed sale deed in his favour. Later court decreed in our favour but they went for appeal to session court where court reversed the lower's court order. Now I have to file appeal to high court. But taking the advantage of session court order the third party broke in to our house when we were not at home, then we approached to police which denied to take any action and did not registered any FIR. Now they are sitting in our home and all our house holds goods are in their possession. Please guide me what steps should I take now.
Madhava Rao Gorrepati
(Expert) 04 February 2017
did not the court believe that you built the house? Did not the court believe the agreement of sale? Did the Court say that the third party was put in possession of the building by your vendor? who was in possession according to the Court? All these things can be decided in course of time. Was the buyer a party to the suit if not file a suit for injunction immediately. If he is already a party then
Now make an application to the police to refer the matter to the Sub divisional magistrate to draw up proceedings under section 145 Cr.P.C. The magistrate holds summary inquiry as to who was in possession immediately before the alleged forcible occupation.
Pawan Kumar
(Querist) 04 February 2017
Dear Sir, lower court clearly mentioned that that we are in possession of the house but session court mentioned in their decision that we are not in possession with ownership. And buyer was added as party during the proceedings when it we came o know that sale deed was executed in his favour.
Rajendra K Goyal
(Expert) 04 February 2017
Court has mentioned possession of other party.
Discuss in detail with your lawyer who is well aware of full case file.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 05 February 2017
When session court ruled against u must have given reasoned Order. Show the Judgement n Decree to lawyer in the field
ADV-JEEVAN PATIL, MUMBAI
(Expert) 05 February 2017
When session court ruled against u must have given reasoned Order. Show the Judgement n Decree to lawyer in the field
Satya nand aggarwal
(Expert) 05 February 2017
To be honest , we have got no answer to the query of Pawan Kumar. only remedy go for RSA.
Pawan Kumar
(Querist) 08 February 2017
Sir we had submitted electricity bills, house tax receipts, voter id cards, letters received on this address in our names, on the basis of these lower court said that we are in possession of this house but session court court said in its order that 'These documents by itself not show that plaintiff is in possession of property with ownership."
Actually this wording is confusing to lawyers I met. One was saying that court has denied our possession while another was saying that court has denied ownership not possession.
Satya nand aggarwal
(Expert) 09 February 2017
it all depends on the head note of the original plaint what u have mentioned and what you have claimed in prayer clause.
it makes no difference what documents submitted in the court, it depends upon the judgement what has been given.
krishna mohan
(Expert) 20 February 2017
On the one hand you say you are in possession. On the other hand you say the buyer had forcibly occupied. Your lawyer will be in a better position to appreciate the facts and suggest you a legal remedy. Have you appealed against the order of session's court in the higher court and prayed for staying of the right granted to the buyer pending final disposal of case and requested maintaining status quo viz. your continued enjoyment if property is under your control and possession and eviction.
